National Republican., 1887-05-25
Interstate Commerce Decision.

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Interstate Commerce Decision.
Soon after the organization Of the inter-
state commerce commission the NATIONAL
REPUBLICAN said that 1t had no authority
to suspend the operation Of the fourth sec
ton Of the act without examination, and
without doing SO for all. Before the pas
sage Of the law the NATIONAL REPUBLICAN,
said that the commission would be court
organized to decide one way with regard to
one road and another way with regard TO
another, its own views or preiudices being
the only rule established for its governance.
The acts Of the committee have justified
the prediction first made, and its letter to
the manager Of the Minnesota and Northern
railroad committee proves that it accepts
the Interpretation of the law given by the
NATIONAL REPUBLICAN,. If q strong phrase
were permissible In discussing this subject,
we should be compelled to say that In the
letter the commission had "plead the baby
act,n for its course in having suspended
the law without examination, upon the
petition OF number Of southern roads.
Having made that concession to these
roads and refused 1t to the Minnesota and
Northern, the commission said:
The commission, however, deemed 1t wise
to grant some temporary orders on an inyesti.
CATION not Us complete as II expected finally to
make.
This language, with respect to orders is
sued when the commission had been organ
| lied barely twenty-four hours, is not only
evasive, but puerile;
This. was done In the belief that no consid-
erable mischief would follow from allowing
an existing condition OF things to remain for
brief period, whether 1t was then suffered to
stand or not, and that harmful results from q
| sudden change in the law might thereby to
some extent be averted
Exactly the same reasons have been
urged, with fully as much force and foun-
| dation in fact, In behalf Of great number
| of applications which the commission has
| refused. II II were within the power OF
| the commission to suspend an act Of Con-
| gress at all, not because q special case Of
/ injustice had arisen under its operation
after trial, but sin the belief that no con-
siderable mischief would follow from allow
i ing an existing condition Of things 10 re-
main for brief PERIOD" then the commits
sion had as much reason TO act In multi
tude Of other cases as 1t had In the cases
first selected from tons Of petitions placed
before that body.
This course also gave the commission such
an opportunity for careful study of the system
| which Congress undertook to reform as would
otherwise have been wanting. If the new law
had been left to operate universally the old
state of things would have been swept away at
once, and the commission, seeing only what
has been substituted for 1t, would have been
deprived of the best and most satisfactory
means Of making just comparisons Such a
commission was important, not merely to
enable 1t to pass finally with full knowledge
upon the exceptional cases.
This sentence is abstract nonsense. The
commission could have learned as much
through documents everywhere attajnable,
by inquiring Of shippers, and of railroad
companies, or by examining witnesses as
to what the rates and practices Of the roads
were on which the clause was suspended,
prior to the 5th Of April, 1887, as they
could or did, by allowing those rates to re-
main in force. The reason given is aoso-
lutely childish.
Numerous instances could be recalled In
which the commission decided other ques'
tions besides the suspension Of the fourth
section in different ways for different cor
porations. One, however, will be sufficient
An express company asked the commission
to construe the law as to its effect on the
business Of the company, and 1t did so
promptly. The president of the Southern
Pacific Railway Company made a similal
request, stating his own construction and
asking to be corrected II wrong, so that hit
company would not be liable as violators of
the law, and the commission said 1t had no
right to construe the law until case was
made.
1t is time this favoritlsm or folly should
cease. The action of the commission should
be made uniform as to all the roads and al
sections of the country. 1t is possible tina
II this were done the commission would b.
abolished 1t is certain that the law woult
be amended,
On the 10th instant the NATIONAL RE
PUBLICAN said:
The French cabinet Is in shaky condition
| and the Drobabilties are that IL will he bnatet